RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01633 INDEX CODE: 111.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The AF Forms 707, Field Grade Officer Effectiveness Reports (OERs), rendered on him as a major be reviewed and he receive a direct promotion to the grade of lieutenant colonel with a date of rank retroactive to the date he was first eligible for promotion to lieutenant colonel. _________________________________________________________________ APPLICANT CONTENDS THAT: He believes his rights of privacy were violated and he was determined to be bisexual. He further believes he was not promoted because of being labeled bisexual. He was not given the opportunity to be heard or represented by counsel to prove that he is not bisexual. The applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant was retired on 1 Mar 74 in the grade of major. He served 21 years, 6 months and 24 days of active service. Applicant’s OPR profile as a major follows: PERIOD ENDING OVERALL EVALUATION 29 Mar 67 Excellent 29 Mar 68 ” 26 Aug 68 ” 26 Jun 69 Outstanding 25 Nov 69 ” 28 May 70 ” 23 Dec 70 Absolutely Superior 14 May 71 ” 27 Sep 71 ” 26 Dec 71 ” 15 Sep 72 ” 15 Sep 73 ” The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate office of the Air Force, which is attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOO recommends denial. DPSOO noted the applicant was not selected for promotion to lieutenant colonel by the calendar years (CYs) 1972 and 1973 promotion boards. A review of his performance reports did not reflect any derogatory information pertaining to his sexuality. The results of the CY72 and CY73 boards were based on a complete review of the service member’s entire selection record documenting over 30 years of service, assessing whole person factors. Although an officer may be qualified for promotion, he may not be the best qualified of other eligible officers competing for the limited number of promotion vacancies. To grant a direct promotion would be unfair to all the officers who have extremely competitive records but did not get promoted. The complete APFC/DPSOO evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 6 Aug 10, for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. After a thorough review of the evidence of records and the applicant’s complete submission, we find no evidence which would persuade us that his nonselections for promotion to lieutenant colonel should be removed and he receive a direct promotion to lieutenant colonel. His contentions are duly noted; however, we do not find those uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provide by the Air Force office of primary responsibility (OPR). Therefore, we agree with the opinion and recommendation of the OPR and adopt is rationale expressed as the basis for our conclusion that the applicant has failed to sustain his burden of proof of the existence of either an error or an injustice warranting favorable action on the relief requested. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of an error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-01633 in Executive Session on 26 Oct 10, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 11 Apr 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSOO, dated 21 Jul 10. Exhibit D. Letter, SAF/MRBR, dated 6 Aug 10.